Attorney General Jeff Sessions is entertaining the idea of appointing a second special counsel to investigate a host of Republican concerns — including alleged wrongdoing by the Clinton Foundation and the controversial sale of a uranium company to Russia — and has directed senior federal prosecutors to explore at least some of the matters and report back to him and his top deputy, according to a letter obtained by The Washington Post.
The revelation came in a response by the Justice Department to an inquiry from House Judiciary Committee Chairman Bob Goodlatte (R-Va.), who in July and again in September called for Sessions to appoint a second special counsel to investigate concerns he had related to the 2016 election and its aftermath.
The list of matters he wanted probed was wide ranging but included the FBI’s handling of the investigation into Hillary Clinton’s use of a private email server while she was secretary of state, various dealings of the Clinton Foundation and several matters connected to the purchase of the Canadian mining company Uranium One by Russia’s nuclear energy agency. Goodlatte took particular aim at former FBI director James B. Comey, asking for the second special counsel to evaluate the leaks he directed about his conversations with President Trump, among other things.
In response, Assistant Attorney General Stephen E. Boyd wrote that Sessions had “directed senior federal prosecutors to evaluate certain issues raised in your letters,” and that those prosecutors would “report directly to the Attorney General and Deputy Attorney General, as appropriate, and will make recommendations as to whether any matters not currently under investigation should be opened, whether any matters currently under investigation require further resources, or whether any matters merit the appointment of a Special Counsel.”
The news is full of Jeffrey Epstein stories; I can only hope that this time his victims will finally get justice. Bill Barr has recused himself from the case, but will that keep Trump and the Justice Department he now controls from helping his old pal Epstein?
Trump Has Politicized the DOJ
Sally Yates tried to warn us. Way back in January 2017, at the end of the very first week of the Trump administration, the new president signed an executive order banning refugees and immigrants from seven majority-Muslim countries from entering the United States. It was a blatantly political act, following months of Trump campaign promises, and it immediately provoked lawsuits challenging the order as religious discrimination. Yates, the acting attorney general, refused to defend the legally indefensible and was summarily fired. “The president is attempting to dismantle the rule of law, destroy the time-honored independence of the Justice Department, and undermine the career men and women who are devoted to seeking justice day in and day out,” Yates wrote in a New York Times op-ed published in July 2017.
Two Julys later, Trump’s politicization of the DOJ is gaining new momentum and depth. The president’s choice of William Barr as attorney general, and Barr’s entirely predictable attempts to undercut the Mueller report, has been the highest-profile, highest-stakes move to weaponize the department for partisan purposes. But two fresh episodes demonstrate Trump’s relentless push to subvert the DOJ, and how far-reaching the damage will be to the rule of law. First came Sarah Fabian, the senior attorney in the DOJ’s Office of Immigration Litigation, telling a California appeals court that it is “safe and sanitary” for jailed immigrant children to go without soap or toothbrushes and to sleep on concrete floors under bright lights. “I actually felt somewhat sorry for her,” a former federal prosecutor says. “You could hear how half-hearted she was in making the point. But there is no way she would have been making that argument at all without it being approved at the highest levels of DOJ….”
The second, ongoing case echoes the events that got Yates fired. Last week, the Supreme Court ruled against adding a citizenship question to the 2020 census, after documents from a now deceased Republican consultant’s hard drives were exposed. The census citizenship question, Thomas Hofeller wrote in an analysis, “would clearly be a disadvantage to the Democrats” and “advantageous to Republicans and non-Hispanic whites.” The DOJ announced it would not be fighting the Supreme Court ruling; the Commerce Department announced it would begin printing the census forms without the question in question.
Trump didn’t care. “We are absolutely moving forward,” he declared on Twitter. Which was news to DOJ lawyers, who found themselves fumbling during an emergency conference call with a Maryland district court judge….
After a few more days of confusion, the DOJ said on Friday it would demur from pursuing the case, at least until the Commerce Department “adopts a new rationale for including the citizenship question.” That new spin should arrive very soon. Over the weekend Trump and Barr replaced the DOJ legal team handling the case. Whether the prior group of career lawyers balked at returning to the Supreme Court with a new, possibly untenable argument or whether Barr simply wants fresh minds on the case, the shift was all but unprecedented, and is yet another indication that Trump sees the DOJ as a political tool.
Will Trump find a way to force the DOJ to help Epstein? I think he’s likely to try. Smith concludes:
…it’s hard to imagine Trump won’t try to intercede if the famously independent SDNY—currently back in the headlines for charging billionaire Jeffrey Epstein with sex trafficking—moves to indict one or more of the president’s high-ranking associates. (Epstein has pleaded not guilty.) “The fear is that Trump doesn’t even need to say it out loud anymore, because Barr is so protective of him,” Rocah says. “It would be ridiculously naïve not to be concerned.”
Also recommended from Zoe Tillman at Buzzfeed News: Trump Is Bringing In New Lawyers On The Citizenship Question Case And No One Knows What’s Happening.
Epstein stories to check out
Ken White provides a good backgrounder on the case at The Atlantic: Jeffrey Epstein Is Out of Luck.
The United States Attorney’s Office for the Southern District of New York, famously aggressive in pursuing high-profile prosecutions, charged Epstein last week with child sex trafficking in violation of Title 18, United States Code, Section 1591. These new charges represent the Department of Justice’s attempt to redeem a reputation soiled by the extremely questionable plea deal it gave Epstein in 2008.
In 2006 and 2007, Epstein— once a reliable companion of the well-connected — faced extensive, detailed allegations that he paid multiple minors for sexual contact and for their services in procuring other minors. Most people, hammered with that kind of evidence, would spend the rest of their lives in prison. But Epstein could afford the lavish attention of a defense team staffed by legal luminaries like Alan Dershowitz and Kenneth Starr. Most of us hope an attorney will defend us competently at trial, but the super-rich can afford to go on the offense. Epstein’s lawyers hounded the United States Attorney’s Office for the Southern District of Florida, which was considering federal charges based on reports that Epstein procured underaged girls across state lines. Former U.S. Attorney Alex Acosta – now President Trump’s Secretary of Labor – characterized it as a “year-long assault on the prosecution and prosecutors,” and complained that Epstein’s team investigated prosecutors and their families “looking for personal peccadilloes that may provide a basis for disqualification.”
The strategy worked. Epstein’s team secured the deal of the millennium, one utterly unlike anything I’ve seen in 25 years of practicing federal criminal law. Epstein agreed to plead guilty to state charges, register as a sex offender, and spend 13 months in county jail, during which time he was allowed to spend 12 hours a day, 6 days a week, out of the jail on “work release.” In exchange, the Southern District of Florida abandoned its criminal investigation of Epstein’s conduct, agreed not to prosecute him federally, and – incredibly— agreed not to prosecute anyone else who helped him procure underaged girls for sex. This is not normal; it is astounding.
Read the rest at the link.
Barbara McQuade at New York Magazine: The Jeffrey Epstein Case Shows What Sex Trafficking Really Looks Like.
When jurors hear “sex trafficking,” they conjure up images of victims bound by chains, subjected to physical force and imprisonment. While some cases include those aggravating facts, more often, the victim instead chooses to stay with her assailant, who preys upon a vulnerability. Defendants recruit victims in a variety of ways and then force them to engage in sex acts with them or with paying customers. Jurors are sometimes persuaded that if the defendant was truly engaging in sex trafficking, the victim would have simply run away or called the police.
As a former federal prosecutor, I have seen cases of sex trafficking, and none of those cases involved victims in ropes or chains. More often, the cases involved runaways, undocumented immigrants, or victims of sexual abuse.
A high-profile case like Epstein’s provides a teachable moment for American jurors. The indictment notes that some of his victims returned to his home to perform sex acts for money, even after they knew full well what was in store for them. The indictment also notes that the victims were “for various reasons, particularly vulnerable to exploitation.” That is the secret sauce of sex trafficking….
Sex trafficking is particularly egregious when it involves children, as in Epstein’s case. Children by definition are unable to consent to sex. In Epstein’s case, girls were lured to his home for sex with promises of hundreds of dollars and the prospect of modeling careers — offers that can be head-spinning and irresistible for a young teen.
One of the reasons that we prosecute crimes is to deter others from committing similar acts. By seeing criminals punished for wrongdoing, others learn from their example. Another potential benefit of the Epstein case is to educate the public that not all victims of sex trafficking are found in chains. Here is hoping that jurors will learn from this example.
Read the whole thing at The Intelligencer.
Vicky Ward (who researched and wrote an in-depth piece about Epstein for Vanity Fair in 2003) at The Daily Beast: Jeffrey Epstein’s Sick Story Played Out for Years in Plain Sight.
For almost two decades, for some nebulous reason, whether to do with ties to foreign intelligence, his billions of dollars, or his social connections, Epstein, whose alleged sexual sickness and horrific assaults on women without means or ability to protect themselves is well-known in his circle, remained untouchable.
As many people know, I spent many months on his trail in 2002 for Vanity Fair and discovered not only that he was not who he claimed to be professionally, but also that he had allegedly assaulted two young sisters, one of whom had been underage at the time. Very bravely, they were prepared to go on the record. They were afraid he’d use all his influence to discredit them—and their fear turned out to be legitimate.
As the article was being readied for publication, Epstein made a visit to the office of Vanity Fair’s then-editor, Graydon Carter, and suddenly the women and their allegations were removed from the article. “He’s sensitive about the young women,” Carter told me at the time. He also mentioned he’d finagled a photograph of Epstein in a swimsuit out of the encounter. And there was also some feeble excuse about the article “being stronger as a business story.” (Epstein had also leaned heavily on my ex-husband’s uncle, Conrad Black, to try to exert his influence on me, which was particularly unwelcome, given that Black happened to be my ex-husband’s boss at the time.)
But much worse was to come from Epstein’s army of willfully blind lobbyists. In 2007 and 2008, as the FBI prepared a 53-page indictment that would charge Epstein with sex crimes, Epstein’s powerful legal team played the influence card.
After one meeting with then-U.S. Attorney Acosta, where presumably “intelligence” was mentioned, the indictment was shelved and, instead, Epstein signed a non-prosecution agreement with federal prosecutors, pleading guilty to one count of solicitation of prostitution and one count of procurement of minors for prostitution, which earned him a cushy 13 months in county jail, from where he was allowed to leave to work at his office and go for walks.
It’s worth reading the whole thing.
More helpful Epstein stories, links only
The New York Times: Seized Photos of Nude Girls Deepens Questions About Jeffrey Epstein’s 2008 Deal.
The Washington Post: Epstein indictment renews questions about earlier case handled by Trump Cabinet official.
Catherine Rampell at The Washington Post: Alex Acosta gave a pass to Epstein years ago. He’s still at it as labor secretary.
Michelle Goldberg at The New York Times: Jeffrey Epstein Is the Ultimate Symbol of Plutocratic Rot.
What else is happening? What stories have you been following?
Once again, I hardly know where to begin. Yesterday Cover-Up General Barr made a complete ass of himself during his testimony to the Senate Judiciary Committee. Here’s a good summary of what happened from NBC News:
Just to put all of the news of Barr’s Senate testimony yesterday into one place, here are our seven highlights:
1. He said a president could replace an independent counsel if he thought in the investigation was unfair: “If the president is being falsely accused, which the evidence now suggests that the accusations against him were false, and he knew they were false, and he felt that this investigation was unfair, propelled by his political opponents, and was hampering his ability to govern, that is not a corrupt motive for replacing an independent counsel,” Barr said.
2. He admitted he didn’t review the underlying evidence in the Mueller report on whether Trump committed obstruction of justice: “We accepted the statements in the report as the factual record,” Barr said in an exchange with Kamala Harris. “We did not go underneath it to see whether or not they were accurately accepted as accurate.
3. He indicated he didn’t read the full Mueller report or even its executive summaries: “Polling data was shared, sir,” said Cory Booker. “It’s in the report; I can cite you the page.” Barr responded, “With who?” (Answer: Paul Manafort shared polling data with Konstantin Kilimnik – revealed on page 7 of Mueller’s executive summary of Russia’s interference in the 2016 campaign.)
4. He dodged Kamala Harris’ question on whether the president or anyone at the White House asked him or suggested to him to open an investigation into anyone: “I’m trying to grapple with the word ‘suggest.’ I mean, there have been discussions of matters out there that… they have not asked me to open an investigation,” he said.
5. He said the Mueller report was his “baby” after Mueller submitted it: “At that point, it was my baby… It was my decision how and when to make it public.”
6. He said Mueller’s concern to him about his March 24 summary was inaccurate media reporting: “And I called Bob and said, you know, what’s the issue here? Are you — and I asked him if he was suggesting that the March 24th letter was inaccurate, and he said no, but that the press reporting had been inaccurate.” (But here’s Mueller’s letter complaining about Barr’s summary: It “did not fully capture the context, nature, and substance of this office’s work and conclusions.”
7. And/but he called Mueller’s letter “snitty”: “The letter’s a bit snitty, and I think it was written by one of his staff people.”
Afterward, he announced that he would refuse to attend a scheduled hearing before the House Judiciary Committee today.
Kamala Harris was the star of the show. Here’s her full examination of Barr in which she got him to stammer and stumble and finally admit he never looked at the evidence of Trump’s obstruction of the Russia investigation.
As noted in the NBC list, Cory Booker got Barr to admit that he didn’t know that Paul Manafort had shared internal polling data with Konstantin Kilimnik–who is connected to Russian intelligence services–indicating that Barr didn’t even read Mueller’s report or even the executive summaries! In fact, in his exchange with Nebraska Republican Ben Sasse, it appeared that Barr did not even know who Oleg Deripaska is!
Here’s Twitter thread from David Rothkopf on the long-term implications of Cover-Up Barr’s claims about presidential power.
I don’t think we fully realize the profundity of Barr’s assertions yesterday. The ideas that a president can determine whether or not he ought to be investigated or that a president is incapable of committing obstruction are not just outrageous assaults on Constitutional values.
Taken in the context of this administration’s systematic rejection of the oversight role of Congress and of the law–whether it is the emoluments clause of Constitution or the obligation of the IRS to hand over tax returns to the Chairman of the Ways and Means Committee–what we are seeing is nothing less than a coup, to use a word the president has grown fond of. Trump and Barr are seeking to eliminate the checks and balances that are a hallmark of our system and to effectively render the Congress subservient to the presidency.
Combine this with the efforts of the Senate to load the courts with judicial candidates loyal to the president and the implication of McConnell, Graham & Co. that they will not fulfill their own Constitutional obligations, and you see a devastating picture.
Please click on the link and read the rest.
Some reactions to yesterday’s horror show
Neal Kaytal: Why Barr Can’t Whitewash the Mueller Report.
Many who watched Attorney General William Barr’s testimony on Wednesday before the Senate Judiciary Committee, which followed the revelation that the special counsel Robert Mueller had expressed misgivings about Mr. Barr’s characterization of his report, are despairing about the rule of law. I am not among them. I think the system is working, and inching, however slowly, toward justice.
When it comes to investigating a president, the special counsel regulations I had the privilege of drafting in 1998-99 say that such inquiries have one ultimate destination: Congress. That is where this process is going, and has to go. We are in the fifth inning, and we should celebrate a system in which our own government can uncover so much evidence against a sitting president….
The underappreciated story right now is that we’ve not only learned that it was Mr. Barr — and pointedly not Mr. Mueller — who decided to clear President Trump of the obstruction charges, but also discovered the reasoning behind Mr. Barr’s decision. The American public and Congress now have the facts and evidence before them. The sunlight the regulations sought is shining.
Mr. Barr tried to spin these facts. He hid Mr. Mueller’s complaints, which were delivered to him in writing more than a month ago, even when Congress asked in a previous hearing about complaints by members of the special counsel’s team. And the four-page letter that Mr. Barr issued in March and supposedly described the Mueller report omitted the two key factors driving the special counsel’s decision (which were hard to miss, as they were on the first two pages of the report’s volume about obstruction): First, that he could not indict a sitting president, so it would be unfair to accuse Mr. Trump of crimes even if he were guilty as sin; and second, Mr. Mueller could and would clear a sitting president, but he did not believe the facts cleared the president.
These two items came out because the special counsel regulations allowed for public release of this information (and not, as Mr. Barr testified on Wednesday, because he “overrode” the regulations to give the information to the public). The attorney general was misleading through and through, not just about the investigation, but about the special counsel regulations themselves.
Read the rest at The New York Times. I hope Kaytal is right; I’m having a little trouble being optimistic right now.
As the political world struggles to digest the enormity of Attorney General William P. Barr’s profound corruption of his role on President Trump’s behalf, it’s worth stepping back and surveying a distilled version of what we know, now that special counsel Robert S. Mueller III’s redacted report has been released:
- Russia launched a massive attack on our political system, undermining the integrity of our elections, to elect Donald Trump president.
- U.S. law enforcement launched an investigation primarily aimed at getting to the bottom of that attack so that we could fully reckon with what happened and ensure the integrity of future elections.
- Trump tried in multiple ways to derail that accounting of this massive attack on our political system — and then tried to bury the truth about that derailment effort — in a manner that was at best corrupt, and at worst criminal.
The simplest way to understand much of what Barr has done — and what Trumpworld will be doing to impede inquiries going forward — is that it’s mainly aimed at obscuring the broad contours of that larger story.
The point here is not that everything they’re doing is deliberately aimed at this end. It’s that this bigger story is at the center of everything — and by “biggest crime of all,” I mean Trump’s most monstrous wrong — and thus efforts to keep smaller truths from coming out will inevitably be about obscuring that larger story.
Read the rest at The Washington Post.
Politico: Pelosi: Barr committed a crime by lying to Congress.
“We saw [Barr] commit a crime when he answered your question,” Pelosi told Rep. Charlie Crist (D-Fla.) during a private caucus meeting Thursday morning, according to two sources present for the gathering.
“He lied to Congress. He lied to Congress,” Pelosi said soon after at a news conference. “And if anybody else did that, it would be considered a crime. Nobody is above the law. Not the president of the United States, and not the attorney general.“
Pelosi’s comments were an apparent reference to Barr’s response to Crist last month during a House Appropriations Committee hearing, during which the attorney generals aid he was not aware of any concerns that special counsel Robert Mueller’s team might have expressed about his four-page summary of Mueller’s findings.
More reactions, links only
Jamie Bouie at The New York Times: Bill Barr’s Perverse Theory of Justice.
Aaron Blake at The Washingotn Post: William Barr’s ‘snitty’ slip-up gives away his game.
EJ Dionne at the Washington Post: William Barr has shamelessly corrupted the debate over the Mueller report.
Amanda Marcotte at Salon: Bill Barr runs from House Judiciary hearing — will Democrats let him hide?
Benjamin Wittes at The Atlantic: The Catastrophic Performance of Bill Barr.
Jennifer Rubin: Barr’s testimony was a low point in Justice Department history.
I expect there will be more news breaking today. What stories have you been following?
After the release of three court filings yesterday (a sentencing recommendation for Michael Cohen from SDNY, another Cohen sentencing recommendation from Robert Mueller, and a statement from the Special Counsel of the lies from Paul Manafort that justify ending his plea agreement) the consensus of legal and political pundits is that Trump is essentially finished. How long he will continue as fake “president” is unclear, but he has been credibly accused of a crime by his own Justice Department.
I’ve gathered a number of opinion pieces that I think are very good. It’s difficult to excerpt these long pieces, so I’m just giving you the highlights. You’ll have to go to the sources for more details.
Jonathan Chait: The Department of Justice Calls Donald Trump a Felon.
Federal prosecutors released sentencing recommendations for two alleged criminals who worked closely with Donald Trump: his lawyer Michael Cohen, and campaign manager Paul Manafort. They are filled with damning details. But the most important passage by far is this, about Trump’s fixer: “Cohen himself has now admitted, with respect to both payments, he acted in coordination with and at the direction of Individual-1.”
The payments in question, as the document explains, concern a payoff to two women who claimed to have affairs with Trump. The payments, according to prosecutors, were intended to influence the campaign, and thereby constituted violations of campaign finance law. They have not formally charged Trump with this crime — it is a sentencing report for Cohen, not Trump — but this is the U.S. Department of Justice calling Trump a criminal….the fact that he is being called a felon by the United States government is a historic step. And it is likely the first of more to come…..
Cohen is providing helpful information on other crimes. Cohen reportedly gave the special counsel “useful information concerning certain discrete Russia-related matters core to its investigation that he obtained by virtue of his regular contact with Company executives during them.” And this contact continued into 2018. Cohen was not locked out and probably has access to some secrets….
The special counsel sentencing recommendation for Cohen also reveals that Russian contact with the Trump campaign began as early as 2015, not the following spring. And Russians promised “political synergy” — which is essentially a synonym for campaign collusion — and “synergy on a government level.” That means a quid pro quo in which Russia would help Trump win the election and Trump, if elected, would give Russia favorable policy. This is the heart of Mueller’s very much ongoing investigation.
There are suggestions in both the Cohen filings that The Trump Organization was involved in crimes, and that is very significant. As Emptywheel pointed out recently, even if Trump were to pull a Nixon and make a deal with Pence–the presidency in return for pardons–Pence could not pardon Trump’s company.
Marcy writes that the sentencing memorandum released by Cohen’s attorneys on November 30,
…puts Trump’s eponymous organizations — his company and his foundation — squarely in the bullseye of law enforcement. The known details of all those puts one or the other Trump organization as an actor in the investigation. And we’ve already seen hints that the Trump Organization was less than responsive to some document requests from Mueller, such as this detail in a story on the Trump Tower deal:
According to a person familiar with the investigation, Cohen and the Trump Organization could not produce some of the key records upon which Mueller relies. Other witnesses provided copies of those communications.
If there’s a conspiracy to obstruct Mueller’s investigation, I’m fairly certain the Trump Organization was one of the players in it….
But the Trump Organization did not get elected the President of the United States (and while the claims are thin fictions, Trump has claimed to separate himself from the Organization and Foundation). So none of the Constitutional claims about indicting a sitting President, it seems to me, would apply.
If I’m right, there are a whole slew of implications, starting with the fact that….it utterly changes the calculation Nixon faced as the walls started crumbling. Nixon could (and had the historical wisdom to) trade a pardon to avoid an impeachment fight; he didn’t save his presidency, but he salvaged his natural person. With Trump, a pardon won’t go far enough: he may well be facing the criminal indictment and possible financial ruin of his corporate person, and that would take a far different legal arrangement (such as a settlement or Deferred Prosecution Agreement) to salvage. Now throw in Trump’s narcissism, in which his own identity is inextricably linked to that of his brand. And, even beyond any difference in temperament between Nixon and Trump, there’s no telling what he’d do if his corporate self were also cornered.
In other words, Trump might not be able to take the Nixon — resign for a pardon — deal, because that may not be enough to save his corporate personhood.
Head over to Emptywheel for more details.
Ken White (AKA Popehat) at The Atlantic: Manafort, Cohen, and Individual 1 Are in Grave Danger.
White provides a very good summary of the yesterday’s three court filings, which you can read at the link. Here’s his conclusion:
The president said on Twitter that Friday’s news “totally clears the President. Thank you!” It does not. Manafort and Cohen are in trouble, and so is Trump. The Special Counsel’s confidence in his ability to prove Manafort a liar appears justified, which leaves Manafort facing what amounts to a life sentence without any cooperation credit. The Southern District’s brief suggests that Cohen’s dreams of probation are not likely to come true. All three briefs show the Special Counsel and the Southern District closing in on President Trump and his administration. They’re looking into campaign contact with Russia, and campaign finance fraud in connection with paying off an adult actress, and participation in lying to Congress. A Democratic House of Representatives, just days away, strains at the leash to help. The game’s afoot.
Another very good summary of the filings can be read at Lawfare, this one by Victoria Clark, Mikhaila Fogel, Quinta Jurecic, and Benjamin Wittes: ‘Totally Clears the President’? What Those Cohen and Manafort Filings Really Say. Here’s a short excerpt on Trump’s culpabililty:
In short, the Department of Justice, speaking through the acting U.S. attorney for the Southern District of New York, is alleging that the president of the United States coordinated and directed a surrogate to commit a campaign finance violation punishable with time in prison. While the filing does not specify that the president “knowingly and willfully” violated the law, as is required by the statute, this is the first time that the government has alleged in its own voice that President Trump is personally involved in what it considers to be federal offenses.
And it does not hold back in describing the magnitude of those offenses. The memo states that Cohen’s actions, “struck a blow to one of the core goals of the federal campaign finance laws: transparency. While many Americans who desired a particular outcome to the election knocked on doors, toiled at phone banks, or found any number of other legal ways to make their voices heard, Cohen sought to influence the election from the shadows.” His sentence “should reflect the seriousness of Cohen’s brazen violations of the election laws and attempt to counter the public cynicism that may arise when individuals like Cohen act as if the political process belongs to the rich and powerful.”
One struggles to see how a document that alleges that such conduct took place at the direction of Individual-1 “totally clears the president.”
Garrett M. Graff at Wired: The Mueller Investigation Nears the Worst Case Scenario.
WE ARE DEEP into the worst case scenarios. But as new sentencing memos for Trump associates Paul Manafort and Michael Cohen make all too clear, the only remaining question is how bad does the actual worst case scenario get?
The potential innocent explanations for Donald Trump’s behavior over the last two years have been steadily stripped away, piece by piece. Special counsel Robert Mueller and investigative reporters have uncovered and assembled a picture of a presidential campaign and transition seemingly infected by unprecedented deceit and criminality, and in regular—almost obsequious—contact with America’s leading foreign adversary.
A year ago, Lawfare’s Benjamin Wittes and Quinta Jurecic outlined seven possible scenarios about Trump and Russia, arranged from most innocent to most guilty. Fifth on that list was “Russian Intelligence Actively Penetrated the Trump Campaign—And Trump Knew or Should Have Known,” escalating from there to #6 “Kompromat,” and topping out at the once unimaginable #7, “The President of the United States is a Russian Agent.”
After the latest disclosures, we’re steadily into Scenario #5, and can easily imagine #6.
Read a detailed analysis at the link. Graff is the author of a book on Robert Mueller’s time as FBI Director.
Another highly recommended analysis from Ryan Goodman and Andy Wright at Just Security: Mueller’s Roadmap: Major Takeaways from Cohen and Manafort Filings. Goodman and Write offer eight “takeaways.”
1. SDNY Prosecutors named the President of the United States as a direct participant, if not the principal, in felonies….
2. Other Trump Campaign and Trump Organization officials may face criminal charges for the hush money scheme….
3. The Special Counsel ties Trump directly to possible Russia collusion….
4. Russian contacts began during the GOP Primary….
5. The Special Counsel targets many Manafort lies but is silent on the infamous Trump Tower meeting with Russians….
6. Some potential hints of obstruction and suborning perjury….
7. Mueller’s M.O.: What he’ll do with lying to the public (and lies in writing)….
8. Why Cohen was more forthcoming with Mueller than SDNY, and SDNY wants him to serve a significant prison sentence.
I’ll just share one interesting excerpt from point 7, on lies that are put in writing and lies to the public. Both of these could apply to Trump himself.
In terms of perjury and false statements, Mueller seizes on fact that Cohen lies were in written testimony rather than arising “spontaneously from a line of examination or heated colloquy.” That’s a danger sign for people like Trump, who may have thought they had greater safety in written responses to Mueller, and people like Roger Stone, whose apparent lies to Congress are on the face of his written testimony.
Another important insight is how Mueller seizes on Cohen’s lies made to the public.
First, Mueller’s theory of the case recognizes that public statements are methods of communication with other witnesses. That’s important for potential conspiracies to commit perjury or otherwise obstruct justice. This also increases the likelihood that Mueller will regard public statements by President Trump and his lawyers as signals to other witnesses–such as publicly dangling pardons and favoring the “strength” of uncooperative witnesses.
Second, Mueller considers lies to the public can be an attempt to undermine the investigation. The memo states, “By publicly presenting this false narrative, the defendant deliberately shifted the timeline of what had occurred in the hopes of limiting the investigations into possible Russian interference in the 2016 U.S. presidential election.” That sounds awfully similar to the creation of a cover story about the June 9 Trump Tower meeting, which the President himself reportedly directed from aboard Airforce One.
Third, Mueller considers Cohen’s false statements to be even more significant because he “amplified” them by “by releasing and repeating his lies to the public.” That approach spells trouble for several Trump campaign associates including Roger Stone, Donald Trump Jr., Erik Prince, and Michael Caputo.
Barry Berke, Noah Bookbinder and Norman Eisen at The Washington Post: Is This the Beginning of the End for Trump? A brief excerpt:
The special counsel focuses on Mr. Cohen’s contacts with people connected to the White House in 2017 and 2018, possibly further implicating the president and others in his orbit in conspiracy to obstruct justice or to suborn perjury. Mr. Mueller specifically mentions that Mr. Cohen provided invaluable insight into the “preparing and circulating” of his testimony to Congress — and if others, including the president, knew about the false testimony or encouraged it in any way, they would be at substantial legal risk.
Mr. Trump’s legal woes do not end there. The special counsel also advanced the president’s potential exposure under the Foreign Corrupt Practices Act for activities relating to a potential Trump Tower Moscow. Mr. Mueller noted that the Moscow project was a lucrative business opportunity that actively sought Russian government approval, and that the unnamed Russian told Mr. Cohen that there was “no bigger warranty in any project than the consent” of Mr. Putin.
If recent reports that Mr. Cohen floated the idea of giving Mr. Putin a $50 million luxury apartment in a future Trump Tower Moscow prove true, both the president and his company could face substantial jeopardy.
There’s much more analysis at the WaPo link.
It has been quite a week, ending with a bang yesterday. As Trump often says, “we’ll see what happens.” What stories have you been following?
The pressure is building on Trump. This morning he had a major meltdown on Fox and Friends. It was so bad that the hosts couldn’t hide their embarrassment and they finally had to cut off the call. Trump publicly accused James Comey and Andrew McCabe of committing crimes and for the first time he said the words “Stormy Daniels” and admitted that Michael Cohen was representing him (Trump) in Cohen’s dealings with Daniels. He also admitted that he spent the night in Moscow in 2013, despite what he told Comey. Finally, he said that he wasn’t going to keep his hands off the DOJ much longer.
President Trump called into his favorite morning show for a wide-ranging interview during which an animated — and, at times, angry — Trump weighed in on several scandals swirling around his administration. Chief among them: special counsel Robert Mueller’s ongoing investigation into the Trump campaign’s contacts with Russia.
The president chastised the Justice Department for greenlighting the Russia probe into his campaign’s alleged ties with Russia rather than pursuing a separate investigation into former FBI Deputy Director Andrew McCabe.
“Our Justice Department, which I try and stay away from, but at some point, I won’t, our Justice Department should be looking at that kind of stuff, not the nonsense of collusion with Russia,” Trump said. “There is no collusion with me with Russia and everyone knows it.”
Asked about the extent to which Cohen handles his legal affairs, Trump characterized his involvement as “a tiny, tiny little fraction.” But there was a notable exception.
“He represents me like with this crazy Stormy Daniels deal,” Trump said, marking the first time he had ever spoken the porn actress’ name publicly. The disclosure also raised further questions about his earlier assertion that he had no knowledge that Cohen paid the porn actress $130,000 in hush money during the 2016 presidential campaign.
“He leaked classified information to get a special counsel and leaked the memos which are classified — the memos were about me and he didn’t write those memos accurately. He wrote a lot of phony stuff,” Trump said as the Fox & Friends hosts looked on in silence. “For instance, I went to Russia for a day or so, a day or two, because I own the Miss Universe pageant, so I went there to watch it because it was near Moscow. So I go to Russia, now, I didn’t go there, everybody knows the logs are there the planes are there. He said I didn’t stay there a night. Of course I stayed there. I stayed there a very short period of time but of course I stayed there. Well his memo said I left immediately, I never said that. I never said I left immediately.”Trump also said of Comey: “I did a great thing for the American people by firing him.”
Here’s his rant on McCabe.
I hope McCabe’s lawyer was listening, because I think he has a case for defamation.
First, Trump claimed that Cohen — his longtime personal lawyer and fixer — only represented him in “a tiny, tiny little fraction” of his overall legal work….
Trump’s comments come a day after a lawyer representing him told a federal judge that Trump himself “is ready to help recommend what materials seized from his personal attorney that relate to him should be withheld from federal investigators because of attorney-client privilege,” according to the Associated Press.
The day after the raid on his longtime personal attorney, Trump suggested that it shouldn’t even have happened because of attorney-client privilege.
But Trump’s claim that Cohen only deals with “a tiny, tiny little fraction” of his legal work will likely complicate his lawyers’ efforts to shield seized documents from federal investigators in prosecutors.
Trump acknowledged during the Fox & Friends interview that Cohen did represent him during his dealings with Daniels. Trump recently claimed he had no knowledge of the payment at the time.
“Michael would represent me and represent me on some things,” Trump said. “He represented me like with this crazy Stormy Daniels deal, he represented me. He represented me and you know, from what I see he did absolutely nothing wrong.”
But Cohen’s story about the secret Daniels hush payment — which may have been illegal if it was meant to help Trump’s campaign — is that he made it from his personal funds, without Trump being looped in at all. Trump’s acknowledgement that Cohen “represented me” in the “crazy Stormy Daniels deal” undermines the repeated public claims of his own lawyer.
Read more details at the link above. Also see this piece at The Guardian: Trump admits Michael Cohen was his lawyer in Stormy Daniels matter.
You can watch a long clip from the interview at this Business Insider link. If you can’t stand to listen to Trump’s voice, at least watch it with the sound muted to see the embarrassed looks on the faces of the Fox hosts.
Here’s what Trump whisperer Maggie Haberman had to say about Trump’s meltdown.
And here we go. The government’s attorneys quoted Trump’s Fox and Friends rant in their filing for the court hearing in the Michael Cohen case today at noon.
Click on that link to read the entire document.
One more related story from The New York Times: Michael Cohen to Take Fifth Amendment in Stormy Daniels Lawsuit.
Michael D. Cohen, President Trump’s longtime personal lawyer, will invoke his Fifth Amendment right in a lawsuit filed against the president by Stephanie Clifford, the pornographic film star better known as Stormy Daniels.
Mr. Cohen’s decision, disclosed Wednesday in a court filing in California, where the suit was filed, came a day before a federal judge in Manhattan was set to hold a hearing regarding materials seized from Mr. Cohen during an F.B.I. raid earlier this month.
Mr. Cohen cited the Manhattan investigation in his filing on Wednesday, saying that, if called as a witness in Ms. Clifford’s lawsuit, “I will assert my 5th Amendment rights in connection with all proceedings in this case due to the ongoing criminal investigation by the F.B.I. and U.S. Attorney for the Southern District of New York.” [….]
Citing the Fifth Amendment in the Clifford case allows Mr. Cohen to avoid being deposed and revealing sensitive information in the more important criminal investigation.
In Trump “I know the best people” news, The White House has withdrawn the nomination of Ronny Jackson to run the VA. The Washington Post:
The White House withdrew the nomination of Dr. Ronny L. Jackson, the White House physician, to lead the Veterans Affairs Department on Thursday after lawmakers went public with a torrent of accusations leveled against him by nearly two dozen current and former colleagues from the White House medical staff.
In a statement released Thursday morning, Dr. Jackson announced that he was withdrawing his name for consideration to be the secretary of Veteran Affairs.
“Unfortunately, because of how Washington works, these false allegations have become a distraction for this president and the important issue we must be addressing — how we give the best care to our nation’s heroes,” Dr. Jackson said in a statement provided by the White House press office.
He said that the charges against him were “completely false and fabricated.”
Within minutes of the withdrawal, President Trump lamented the loss of his nomination, and said that Senator Jon Tester of Montana, the top Democrat on the Senate Committee on Veterans’ Affairs, would “have a big price to pay” for undercutting Dr. Jackson.
Environmental Protection Agency Administrator Scott Pruitt will face a double whammy of hearings on Capitol Hill Thursday that could make or break his career at the EPA. You can watch the C-SPAN livestream here.
The hearings were originally intended to give Pruitt the chance to pitch his agency’s budget for the upcoming fiscal year. But members of the House Energy and Commerce Committee and the House Appropriations Committee, including some Republicans, are expected to grill Pruitt over his growing list of alleged ethical lapses.
A tsunami of accusations of improper dealings has emerged since Pruitt’s last trip to the Hill in January, from using sirens to get to dinner reservations to a sweetheart condo deal with a lobbyist to ousting staffers who questioned his luxury travel. These allegations have led to investigations from Congress, the White House, and government watchdogs. The Government Accountability Office already found that the $43,000 phone booth in Pruitt’s office broke the law.
And though his prepared statement for the Energy and Commerce Committee completely ignores the controversies around him, the New York Times reported that Pruitt is preparing for a confrontation with a set of talking points on his long list of scandals. He will argue, among other things, that he flew first class based on recommendations from his security staff and that he wasn’t involved in the decision to bypass the White House to get massive raises for two close aides.NB
Meanwhile, EPA employees protested outside the agency’s headquarters on Wednesday, decrying budget cuts alongside activists and lawmakers who want to “Boot Pruitt” out of office.
NBC News’ First Read suggests that Trump’s biggest problem might be the competency question.
This morning, President Trump’s pick to head the Department of Veterans Affairs withdrew his nomination after new allegations against him surfaced. Today, Congress is expected to grillthe president’s EPA administrator over alleged ethical lapses. And the president’s personal lawyer and fixer is pleading the Fifth Amendment.Yes, it’s chaos and controversy, which we’ve constantly chronicled here. But it’s also a matter of competency. According to this month’s NBC/WSJ poll, a majority of Americans — 56 percent — said that Trump’s administration isn’t competent, including 39 percent who said it isn’t competent at all. By contrast, 43 percent said it was competent, including 16 percent who said “very competent.”
To put those numbers into perspective, 50 percent of American said Barack Obama’s administration was competent in June 2014 (so after the Obamacare website crash during his second term), and 53 percent said George W. Bush’s administration was competent in March 2006 (after Hurricane Katrina).
So for all the potential dangers to Trump’s presidency — the Russia investigation, historically low approval ratings, Democrats possibly winning the House (and Senate) in November — the biggest could very well be the competency question.
Indeed, majorities of women (61 percent), seniors (58 percent), millennials (57 percent), independents (57 percent) and men (51 percent) said the Trump administration wasn’t too competent or not competent at all. Even whites were split down the middle — 50-50.
That’s a big problem.
That’s all I have for you this morning. I know I’ve only touched on a small part of what’s happening. So . . . what stories are you following today?
The snow has finally begun falling here, and now they say it will continue all night and into tomorrow. We expect around 6-8 inches. That still may not be as bad as what happened down where JJ lives in Georgia and other parts of the South. The LA Times reports: Snowmen in Alabama? Sledding in Mississippi? From Texas to Georgia, snow blankets the South.
Snow blanketed a vast swath of the Deep South on Friday, triggering a flurry of winter weather warnings that closed businesses and schools, canceled hundreds of flights and caused traffic gridlock. It also unleashed a flurry of snowman construction and sledding in places more accustomed to sunshine than snow.
The storm dropped a rare coating of snow as far south as Brownsville, Texas — near the border of Mexico — up through southern Louisiana and parts of Mississippi, Alabama, Georgia and the southern Appalachians.
“This is an unusual event — to see snow falling this early in the season all the way from Texas and the Gulf Coast region to Georgia,” said Laura Pagano, a meteorologist with the National Weather Service’s Atlanta/Peachtree City office. “It has happened before, but not often.”
More than 200,000 customers across the region lost power as snow downed branches and power lines.
Since I can’t go out, I plan to escape into a good book. I finished reading Luke Harding’s excellent Collusion: Secret Meetings, Dirty Money, and How Russia Helped Donald Trump Win, and I’ve begun reading Prairie Fires: The American Dreams of Laura Ingalls Wilder, by Caroline Fraser.
Fraser is a brilliant writer, and so far the book is fascinating. She adds context to the sentimental version of Wilder’s life portrayed in the “Little House” books. Of course in many ways it’s a tragic story of the horrendous treatment of Native Americans as well as the hardships suffered by poor people like the Ingalls family who were lured west by promised of free or cheap land. Anyway, I’m glad to have a good book to help me escape from our dreadful current reality.
As the mainstream media continues to demonstrate the tremendous progress the Mueller investigation has been making, the Trump state media made up of Fox News, Breitbart, and other right wing outlets has turned up the heat with their fake news.
Please read this excellent piece by Jonathan Chait: The Mueller Investigation Is in Mortal Danger. Chait opens by describing the process by which the GOP first claims to be shocked by bad behavior (e.g. the Access Hollywood tape), but within begins denying and finally excusing that same behavior. We’ve seen this again and again, and now it’s happening with Roy Moore. Here’s the gist of Chait’s argument:
The next step in the sequence is almost insultingly obvious. Trump is preparing to shut down Robert Mueller’s investigation of Russian intervention in the 2016 election.
The administration and its allied media organs, especially those owned by Rupert Murdoch, have spent months floating a series of rationales, of varying degrees of implausibility, for why a deeply respected Republican law-enforcement veteran is disqualified to lead the inquiry: He is friends with James Comey, who is biased because Trump fired him; Comey is biased because he pursued leads turned up in Christopher Steele’s investigation, which was financed by Democrats; Mueller has failed to investigate Hillary Clinton’s marginal-to-nonexistent role in a uranium sale.
The newest pseudo-scandal fixates on the role of Peter Strzok, an FBI official who helped tweak the language Comey employed in his statement condemning Clinton’s email carelessness and has also worked for Mueller.
His alleged crime is a series of text messages criticizing Trump. Mueller removed Strzok from his team, but that is not enough for Trump’s supporters, who are seizing on Strzok’s role as a pretext to discredit and remove Mueller, too. The notion that a law-enforcement official should be disqualified for privately expressing partisan views is a novel one, and certainly did not trouble Republicans last year, when Rudy Giuliani was boasting on television about his network of friendly agents. Yet in the conservative media, Mueller and Comey have assumed fiendish personae of almost Clintonian proportions.
It’s happening, folks. Yesterday we learned that Hope Hicks was interviewed by Mueller’s team all day Thursday and Friday. Hicks knows everything that has happened. There is no way Trump is going to sit still while she either tells the truth or may get caught in a lie and have to cooperate with Mueller. The investigation is getting closer and closer to Trump and his family.
The New York Times: F.B.I. Warned Hope Hicks About Emails From Russian Operatives.
F.B.I. officials warned one of President Trump’s top advisers, Hope Hicks, earlier this year about repeated attempts by Russian operatives to make contact with her during the presidential transition, according to people familiar with the events.
The Russian outreach efforts show that, even after American intelligence agencies publicly accused Moscow of trying to influence the outcome of last year’s presidential election, Russian operatives were undaunted in their efforts to establish contacts with Mr. Trump’s advisers….
After he took office, senior F.B.I. counterintelligence agents met with Ms. Hicks in the White House Situation Room at least twice, gave her the names of the Russians who had contacted her, and said that they were not who they claimed to be. The F.B.I. was concerned that the emails to Ms. Hicks may have been part of a Russian intelligence operation, and they urged Ms. Hicks to be cautious.
The meetings with Ms. Hicks, what the F.B.I. calls a “defensive briefing,” went beyond the standard security advice that senior White House officials routinely receive upon taking office. Defensive briefings are intended to warn government officials about specific concerns or risks.
Meanwhile, as Dakinikat wrote yesterday, the Justice Department has announced “investigations” into fake scandals like Planned Parenthood supposedly selling fetal body parts and the Uranium One non-scandal. And the GOP Congress is going to turn the sexual harassment scandal into a Democratic problem. The Democrats pushed Al Franken out without due process for minor accusations that may have been orchestrated, and now more Democrats are going to be revealed as abusers so the public will forget about Trump and Moore.
The Treasury Department paid $220,000 in a previously undisclosed agreement to settle a lawsuit alleging sexual harassment that involved Florida Democrat Alcee L. Hastings, according to documents obtained by Roll Call.
Winsome Packer, a former staff member of a congressional commission that promotes international human rights, said in documents that the congressman touched her, made unwanted sexual advances, and threatened her job. At the time, Hastings was the chairman of the Commission on Security and Cooperation in Europe, where Packer worked.
Hastings has called Packer’s charges “ludicrous” and in documents said he never sexually harassed her.
“Until this evening, I had not seen the settlement agreement between the Commission on Security and Cooperation in Europe (CSCE) and Ms. Packer,” the congressman said in a statement Friday night. “This matter was handled solely by the Senate Chief Counsel for Employment. At no time was I consulted, nor did I know until after the fact that such a settlement was made.”
Hastings said that the lawsuit that Packer filed against him and an investigation by the House Ethics Committee were ultimately dismissed.
“I am outraged that any taxpayer dollars were needlessly paid to Ms. Packer,” he said.
Will another member of the Black Caucus be forced out now?
Sarah Kendzior issued a stark waning this morning in response to this tweet:
Here’s a Trump scandal; will it gain any traction? The New York Times: Uranium firm urged Trump officials to shrink Bears Ears National Monument.
A uranium company launched a concerted lobbying campaign to scale back Bears Ears National Monument, saying such action would give it easier access to the area’s uranium deposits and help it operate a nearby processing mill, according to documents obtained by The Washington Post.
Interior Secretary Ryan Zinke and top Utah Republicans have said repeatedly that questions of mining or drilling played no role in President Trump’s announcement Monday that he was cutting the site by more than 1.1 million acres, or 85 percent. Trump also signed a proclamation nearly halving the Grand Staircase-Escalante National Monument, which is also in southern Utah and has significant coal deposits.
“This is not about energy,” Zinke told reporters Tuesday. “There is no mine within Bears Ears.”
But the nation’s sole uranium processing mill sits directly next to the boundaries that President Barack Obama designated a year ago when he established Bears Ears. The documents show that Energy Fuels Resources (USA) Inc., a subsidiary of a Canadian firm, urged the Trump administration to limit the monument to the smallest size needed to protect key objects and areas, such as archeological sites, to make it easier to access the radioactive ore.
In a May 25 letter to the Interior Department, Chief Operating Officer Mark Chalmers wrote that the 1.35 million-acre expanse Obama created “could affect existing and future mill operations.” He later noted, “There are also many other known uranium and vanadium deposits located within the [original boundaries] that could provide valuable energy and mineral resources in the future.”
There is soooo much news today. I’ll have to add some links in the comment thread, but I’ll end this post with the latest NYT gossipy insider report on Trump’s defensive maneuvers: Inside Trumps Hour-by-Hour Battle for Self-Preservation.
Around 5:30 each morning, President Trump wakes and tunes into the television in the White House’s master bedroom. He flips to CNN for news, moves to “Fox & Friends” for comfort and messaging ideas, and sometimes watches MSNBC’s “Morning Joe” because, friends suspect, it fires him up for the day.
Energized, infuriated — often a gumbo of both — Mr. Trump grabs his iPhone. Sometimes he tweets while propped on his pillow, according to aides. Other times he tweets from the den next door, watching another television. Less frequently, he makes his way up the hall to the ornate Treaty Room, sometimes dressed for the day, sometimes still in bedclothes, where he begins his official and unofficial calls.
As he ends his first year in office, Mr. Trump is redefining what it means to be president. He sees the highest office in the land much as he did the night of his stunning victory over Hillary Clinton — as a prize he must fight to protect every waking moment, and Twitter is his Excalibur. Despite all his bluster, he views himself less as a titan dominating the world stage than a maligned outsider engaged in a struggle to be taken seriously, according to interviews with 60 advisers, associates, friends and members of Congress.
For other presidents, every day is a test of how to lead a country, not just a faction, balancing competing interests. For Mr. Trump, every day is an hour-by-hour battle for self-preservation. He still relitigates last year’s election, convinced that the investigation by Robert S. Mueller III, the special counsel, into Russia’s interference is a plot to delegitimize him. Color-coded maps highlighting the counties he won were hung on the White House walls.
Read more about the madman in the White House at the NYT link.
What stories are you following today?
Once again, there is so much news breaking that it’s difficult to decide what to focus on. So I’ll begin with what’s happening right now, and take it from there.
Right now Attorney General Jeff Sessions is testifying before the House Judiciary Committee. Guess what? He doesn’t remember the meeting where he is pictured with George Papadopoulos and at which Papadopoulos discussed setting up a meeting between Donald Trump and Vladimir Putin. That’s really strange, because just a short time ago, he claimed to remember objecting to the proposal.
Vanity Fair on Nov. 2: Sessions Suddenly Remembers Russia Conversation He Said Didn’t Happen.
Back in June, there was some cause for concern that Attorney General Jeff Sessions was having memory problems. When questioned from multiple angles during multiple appearances before Congressional investigators about the Trump campaign‘s relationship to Russia, Sessions‘s consistent refrain was: “I don’t recall.”
He gave an equally evasive response when Minnesota Senator Al Franken specifically asked whether surrogates from the Trump campaign had communicated with Russians during the 2016 election in October. “I did not, and I’m not aware of anyone else that did, and I don’t believe it happened,” Sessions told the Senate Intelligence Committee under oath. (He made similar statements to the Senate Judiciary Committee.)
Now, however, Sessions has reportedly changed his tune. Citing a source familiar with Sessions’s thinking, NBC News reported on Thursday that the attorney general—who served as a top Trump surrogate and headed the then-presidential hopeful’s national security team—does in fact recall rejecting George Papadopoulos’s offer to arrange a meeting between Trump and Putin, after the Republican candidate stopped short of ruling out the idea.
“The March 31 comments by this Papadopoulos person did not leave a lasting impression,” the source told NBC News. “As far as Sessions seemed to be concerned, when he shut down this idea of Papadopoulos engaging with Russia, that was the end of it and he moved the meeting along to other issues.” The source added that Papadopoulos was viewed by those in attendance “as someone who didn’t have a lot of credibility.”
The Washington Post, among other news outlets is reporting that Jeff Sessions is thinking about appointing a second special counsel to investigate Hillary Clinton.
In today’s hearing, Sessions said he can’t confirm or deny any investigation involving the DOJ. It’s important to note that during his confirmation hearing, Sessions pledged to recuse himself from any matters involving Hillary Clinton.
The New York Times has published some direct quotes from Sessions’ testimony this morning: Jeff Sessions Displays Unsteady Recall on Trump-Russia Matters.
Mr. Sessions denied that he lied in October when he testified that he knew of nobody in the Trump campaign who had contacts with Russians during the presidential campaign. “And I don’t believe it happened,” he said.
Court records later revealed that Mr. Sessions led a March 2016 meeting in which George Papadopoulos, a campaign aide, discussed his Russian ties and suggested setting up a meeting between Mr. Trump. and Vladimir V. Putin, the Russian president.
“I had no recollection of this meeting until I saw these news reports,” Mr. Sessions said.
Mr. Sessions testified Tuesday that was still hazy on the details about what Mr. Papadopoulos had proposed.
But on one matter, he said his memory is clear: he said he shot down Mr. Papadopoulos’ idea of a Trump-Putin meet-up. And he said he told Mr. Papadopoulos that he was not authorized to represent the campaign in such discussions.
To sum up: Mr. Sessions said he could not remember much about Russian influence on the Trump campaign, except when he could block such influence.
In other news, Don Jr. is in more trouble. You’ve probably read the article by Julia Ioffe in The Atlantic: The Secret Correspondence Between Donald Trump Jr. and WikiLeaks.
Just before the stroke of midnight on September 20, 2016, at the height of last year’s presidential election, the WikiLeaks Twitter account sent a private direct message to Donald Trump Jr., the Republican nominee’s oldest son and campaign surrogate. “A PAC run anti-Trump site putintrump.org is about to launch,” WikiLeaks wrote. “The PAC is a recycled pro-Iraq war PAC. We have guessed the password. It is ‘putintrump.’ See ‘About’ for who is behind it. Any comments?” (The site, which has since become a joint project with Mother Jones, was founded by Rob Glaser, a tech entrepreneur, and was funded by Progress for USA Political Action Committee.)
The next morning, about 12 hours later, Trump Jr. responded to WikiLeaks. “Off the record I don’t know who that is, but I’ll ask around,” he wrote on September 21, 2016. “Thanks.”
The messages, obtained by The Atlantic, were also turned over by Trump Jr.’s lawyers to congressional investigators. They are part of a long—and largely one-sided—correspondence between WikiLeaks and the president’s son that continued until at least July 2017.
Read the rest at the link if you haven’t already. Julian Assange, who controls the Wikileaks Twitter account has responded by claiming he was just “Trying to ‘Beguile’ Donald Trump Jr. Into Leaking.”
There’s another hearing going on simultaneously with the Sessions hearing on Trump’s ability to use nuclear weapons. Quartz: Watch live: Should Trump have control of US nuclear weapons?
Today (Nov. 14), expert witnesses will testify before senators on US national “authority and process” over its nuclear arsenal. The hearing follows a tense few months, in which North Korea has continued nuclear testing, and Donald Trump has responded with belligerent improvisational statements, threatening “fire and fury” and warning that a military response was “locked and loaded.”
Could the US president start a nuclear war with North Korea? That’s what the Senate Foreign Relations Committee hearing aims to figure out. The hearing will be broadcast on public-service network C-SPAN at 10am US Eastern Time. You can watch it online here.
There’s also the ongoing Roy Moore scandal. Some links to check out if you haven’t already:
CBS News: New accuser steps forward in Roy Moore case.
AL.com also posted an editorial yesterday: Our view: Roy Moore grossly unfit for office.
Roy Moore simply cannot be a U.S. Senator. Even if his party and many of its adherents still think it possible, it is unthinkable — for his state, and his country.
Last week, four women described Moore’s unseemly taste for dating high school girls when he was a single man in his 30s. Another described what can only be seen as a sexual assault on her when she was 14. In a radio interview last week, Moore himself suggested that he may have dated teenage women during his 30s, though he vehemently denied the claims made by these women.
Today, even as those women face disgusting attacks on their motives and credibility, a fifth brave Alabama woman stepped forward and described how when she was 16, Moore violently sexually assaulted her in his car. She said she felt it to be an attempted rape, and that it ended with her bruised from either falling from or being pushed from the car, with Moore warning her he was a powerful man and that no one would believe her if she told anyone.
The seriousness of these incidents cannot be overstated. They should not be parsed with talk of statutes of limitations or whether proof exists. Proof beyond a reasonable doubt is a consideration for the courtroom, not the ballot box. When choosing our representative before the rest of the world, character matters….
We believe these women.
As a news organization, we have independently investigated as many of these claims as possible and have found no reason to doubt the accounts outlined in the Washington Post. If anything, the stories we’ve heard in Etowah County have only further corroborated them.
In our view, Moore has already revealed himself as grossly unfit to be a U.S. Senator before these revelations.
At The New York Times, Michelle Goldberg suggests that past accusations against Bill Clinton should be reevaluated in the light of recent revelations about powerful men harassing and assaulting women: I Believe Juanita. The title is explosive, but Goldberg’s only reason for believing Juanita Broaddrick’s accusations is that they are similar to recent allegations against Harvey Weinstein.
Of the Clinton accusers, the one who haunts me is Broaddrick. The story she tells about Clinton recalls those we’ve heard about Weinstein. She claimed they had plans to meet in a hotel coffee shop, but at the last minute he asked to come up to her hotel room instead, where he raped her. Five witnesses said she confided in them about the assault right after it happened. It’s true that she denied the rape in an affidavit to Paula Jones’s lawyers, before changing her story when talking to federal investigators. But her explanation, that she didn’t want to go public but couldn’t lie to the F.B.I., makes sense. Put simply, I believe her.
What to do with that belief? Contemplating this history is excruciating in part because of the way it has been weaponized against Hillary Clinton. Broaddrick sees her as complicit, interpreting something Hillary once said to her at a political event — “I want you to know that we appreciate everything you do for Bill” — as a veiled threat instead of a rote greeting. This seems wildly unlikely; Broaddrick was decades away from going public, and most reporting about the Clinton marriage shows Bill going to great lengths to hide his betrayals. Nevertheless, one of the sick ironies of the 2016 campaign was that it was Hillary who had to pay the political price for Bill’s misdeeds, as they were trotted out to deflect attention from Trump’s well-documented transgressions.
And now they’re being trotted out again. It’s fair to conclude that because of Broaddrick’s allegations, Bill Clinton no longer has a place in decent society. But we should remember that it’s not simply partisan tribalism that led liberals to doubt her. Discerning what might be true in a blizzard of lies isn’t easy, and the people who spread those lies don’t get to claim the moral high ground. We should err on the side of believing women, but sometimes, that belief will be used against us.
To say that Bill Clinton “no longer has a place in decent society” is a bit much at this point, IMHO. I don’t know much about Broaddrick’s claims; but apparently these old accusations are going to be recycled. Will Jeff Sessions appoint another special prosecutor?
It is mandatory for all EB-5 applicants to provide or preserve at least 10 full-time jobs. When an investor doesn’t actually invest into a new business, a preserve piece comes in since they may be investing in an already existing business. You can checkout reviews and articles for more information.
So much news happening–what will today bring? What stories are you following?
Nancy Pelosi and Chuck Shumer had dinner with Trump last night and some kind of “deal” was worked out, but no one can figure out what it was. Trump has been sending conflicting tweets about it and saying confusing things about it in Florida this morning.
The Washington Post: Trump, top A Democrats agree to work on deal to save ‘dreamers’ from deportation.
Democratic leaders announced late Wednesday that they agreed with President Trump to pursue a legislative deal that would protect hundreds of thousands of young undocumented immigrants from deportation and enact border security measures that don’t include building a physical wall.
The president discussed options during a dinner at the White House with Senate Minority Leader Charles E. Schumer (D-N.Y.) and House Minority Leader Nancy Pelosi (D-Calif.) that also included talks on tax reform, infrastructure and trade. Trump has showed signs of shifting strategy to cross the aisle and work with Democrats in the wake of the high-profile failures by Republicans to repeal the Affordable Care Act.
We’re working on a plan for DACA,” Trump said as he left the White House on Thursday for a trip to survey hurricane damage in Florida.
Trump said that he and Congress are “fairly close” to a deal and that Republican leaders Rep. Paul Ryan (Wis.) and Sen. Mitch McConnell (Ky.) are “very much on board” with a deal that would address DACA. The agreement must include “massive border security,” Trump said in response to shouted questions about whether he had reached a deal on the terms Schumer and Pelosi had described.
“The wall will come later” [link to Axios added] he said, apparently confirming a central element of the Democrats’ account.
There was instant backlash from Trump’s Cro-Magnon supporters, and the White House quickly tried to walk back whatever Trump agreed to when his handlers weren’t around.
Earlier Thursday, amid backlash from conservative supporters, Trump had sought Thursday to reach out to his GOP base with messages claiming his agenda would remain intact on signature issues such as the border wall.
In a series of tweets, Trump wrote that “no deal” was made on the Deferred Action for Childhood Arrivals, or DACA, an Obama-era program that has allowed 690,000 dreamers to work and go to school without fear of deportation. He further wrote that agreements on “massive border security” would have to accompany any new DACA provisions, and insisted that “the WALL will continue to be built.”
I guess we’ll find out what’s going on eventually. It would certainly be a good thing if Congress can get its act together and do something to keep the Dreamers in the U.S.
Manu Raju of CNN had a great scoop last night that makes Devin Nunes look like even more of an idiot than ever before: Exclusive: Rice told House investigators why she unmasked senior Trump officials.
Former national security adviser Susan Rice privately told House investigators that she unmasked the identities of senior Trump officials to understand why the crown prince of the United Arab Emirates was in New York late last year, multiple sources told CNN.
The New York meeting preceded a separate effort by the UAE to facilitate a back-channel communication between Russia and the incoming Trump White House.
The crown prince, Sheikh Mohammed bin Zayed al-Nahyan, arrived in New York last December in the transition period before Trump was sworn into office for a meeting with several top Trump officials, including Michael Flynn, the president’s son-in-law, Jared Kushner, and his top strategist Steve Bannon, sources said.
The Obama administration felt misled by the United Arab Emirates, which had failed to mention that Zayed was coming to the United States even though it’s customary for foreign dignitaries to notify the US government about their travels, according to several sources familiar with the matter. Rice, who served as then-President Obama’s national security adviser in his second term, told the House Intelligence Committee last week that she requested the names of the Americans mentioned in the classified report be revealed internally, a practice officials in both parties say is common.
Rice’s previously undisclosed revelation in a classified setting shines new light on a practice that had come under sharp criticism from the committee chairman, California Rep. Devin Nunes, and President Donald Trump, who previously accused Rice of committing a crime.Ja
Once again, Trump people were caught trying to communicate secretly with Putin, because of course foreign visitors are routinely monitored by the intelligence community.
In other Russia news, Michael Flynn’s son is now a subject in the investigation. NBC News reports:
Michael G. Flynn, the son of President Donald Trump’s former national security adviser, is a subject of the federal investigation into Russian meddling in the presidential election and possible collusion between Moscow and the Trump campaign, according to four current and former government officials.
The inquiry into Flynn is focused at least in part on his work with his father’s lobbying firm, Flynn Intel Group, three of the officials said. It’s unclear when the focus on Flynn began.
Barry Coburn, who said he is serving as the younger Flynn’s legal counsel, said he couldn’t comment on the matter.
Flynn’s status as a subject of the Russia investigation widens the publicly known scope of the probe. NBC News has reported that those under investigation have included the elder Flynn and former Trump campaign manager Paul Manafort. Others under scrutiny by special counsel Robert Mueller include Carter Page, a Trump campaign ally; Jared Kushner, the president’s son-in-law and senior White House adviser; and the president’s son, Donald Trump Jr.
Yesterday White House spokesman Sarah Huckabee Sanders said that James Comey committed a crime when he leaked his personal memos about interactions with Trump to The New York Times, and called on the Justice Department to investigate him. She also called on ESPN to fire a reporter who tweeted that Trump is a white supremacist. In any other White House, Sanders herself would be fired by now. The White House is not supposed to get involved in decisions by the DOJ and the White House calling for the firing of a journalist for dissing POTUS is wildly inappropriate.
From Politico, a response to the recent attacks on Comey by the Trump crowd: The Hapless Smear Campaign Against Jim Comey.
From the moment Steve Bannon stated in his 60 Minutes interview that President Donald Trump’s decision to fire former FBI Director James Comey was the biggest political mistake in modern presidential history, there simply was no chance that this week would proceed without a fair amount of political insanity. The fact that the president’s former chief strategist would publicly and brazenly disparage that decision was bound to result in a fierce White House pushback. And so it has. But over the past three days, the White House has repeatedly advanced flawed and in some instances preposterous legal arguments that don’t stand up to informed scrutiny.
The hijinks began on Monday, when White House press secretary Sarah Huckabee Sanders claimed that information divulged after Comey was fired served as retroactive justification for the president’s decision. She alleged, among other things, that Comey had given “false testimony” and leaked “privileged information to journalists.” On Tuesday, Sanders did not repeat the “false testimony” claim, but she did reiterate the assertion that Comey had “leaked privileged government information” and speculated that his actions “could have been illegal.”
In Wednesday’s news briefing, reading from what appeared to be prepared notes, Sanders explained what she meant by “illegal”:
“The memos that Comey leaked were created on an FBI computer while he was the director,” she said. “He claims they were private property, but they clearly followed the protocol of an official FBI document, leaking FBI memos on a sensitive case regardless of classification violates federal laws including the Privacy Act, standard FBI employment agreement and nondisclosure agreement all personnel must sign.”
These talking points were presumably provided to Sanders by the White House Counsel’s Office, but as a litigator with considerable experience representing government officials and contractors (including whistleblowers) of all ideological persuasions, trust me: They are nonsense.
Click on the link to read the explanation.
Have you heard the latest outrage from Treasury Secretary Steven Mnuchin and his trophy wife Louise Linton? The Washington Post reports: ‘The moochin’ Mnuchins’: Treasury secretary again is fodder for rich humor.
Just based on a quick Google search, the August exchange between Louise Linton, the wife of Treasury Secretary Steven Mnuchin, and a critic of Linton’s fashion-bragging, mean-girl Instagram post seemed to be fading, along with memories of the eclipse, which the couple was lucky enough to have observed at Fort Knox.
But it all came rushing back when ABC News reported Wednesday evening that the Treasury Department had in fact requested a government jet for Mnuchin’s European honeymoon in Scotland, France and Italy. If the request had been granted, the plane would have cost the taxpayers roughly $25,000 per hour to operate.
A Treasury Department spokesman said in a statement that the request was made so that Mnuchin, who is a member of the National Security Council, would have access to secure communications as he traveled abroad.
Remember Linton’s attack on the woman who criticized her Instagram post after the Mnuchins used a government plane to fly to Fort Knox so they could watch the solar eclipse from the rooftop?
As the news rushed across social media, so did the memory of the Instagram episode, with one line in particular standing out among the now-regretted post by Linton:
“Adorable! Do you think the U.S. govt paid for our honeymoon or personal travel?! Lololol.”
Now for a change of pace, I thought you might like this archaeology story. The AP via The Toronto Sun: Well-preserved Viking sword found in Norwegian mountains.
COPENHAGEN — A Norwegian archaeologist says a well-preserved, if rusty, iron sword dating to the Viking erahas been found in southern Norway.
Lars Holger Piloe says the nearly one-metre-long sword was found slid down between rocks with the blade sticking out, and may have been left by a person who got lost in a blizzard and died on the mountain from exposure.
Piloe said Thursday the sword, dating from about 850-950 A.D., was found in Lesja, some 275 kilometres north of Oslo.
Piloe said the sword’s preservation was likely due to the quality of the iron, as well as the cold, dry conditions. It was found in late August by two men who were on a reindeer hunt some 1,640 metres above sea level.
What else is happening? What stories are you following today?